What is the difference between an IP strategy session and a free initial consultation?

Sometimes clients need more than what our free initial consultation can provide. If more specific guidance is desired for your particular patent or trademark matter, we offer an IP strategy session where we can discuss the details of your intellectual property matter and help form a strategy for moving forward. Here are some of the issues we might cover in a strategy session.

Should you file a patent application?

Our IP strategy session can cover a variety of patent issues. For example, we might discuss whether your invention is patent-worthy. Does it makes sense for you to file a utility nonprovisional patent application? We can delve into obstacles to expect from the USPTO.

What are strategies to bolster the allowability of your patent application? How we might overcome the inevitable Office Actions?

For startups undecided on whether to keep new technology as a trade secret versus patenting, we can discuss the pros and cons of each approach.

Nearly all inventions are improvements upon preexisting ideas and products. To answer the question of whether your idea is patentable, a patentability search may be helpful to assess how unique your invention is over the prior art. While it is difficult to predict if a patent application would be allowable, experienced patent lawyers can usually predict when patent examiners will reject certain inventions. What should you expect in terms of rejections? What will Office Action responses look like? When should we talk to the Examiner?

To know what makes for a good utility patent, you must have a proper understanding of patent claims. A helpful patent strategy session can explore core features that should be recited in your independent claims versus secondary features that might be recited in dependent claims.

Are patents worth the investment if litigation is too expensive?

Patent litigation is ridiculously expensive. Everyone knows it. But, not everyone knows there are other reasons for obtaining patents. In our IP strategy session, we can discuss how simply being patent-pending may help you reach certain business goals even if your patent is never litigated. Various patent litigation insurance options may offer ways to reduce legal costs in offensive or defense patent lawsuits.

Should you file a trademark application?

Two key issues should be addressed upfront before filing a trademark application:
1. Is the mark merely descriptive of the goods or services?
2. Is there a high probability of rejection based on likelihood of confusion?

A knockout search would help gauge the probability of a likelihood of confusion rejection. Even without a search, an experienced IP attorney can provide preliminary thoughts on the descriptiveness of a mark. It may be best to adopt a different mark upfront rather than go through all the time and expense of developing a brand that must be subsequently changed.

Do you need strategic counseling on trademarks?

An IP strategy session may help you make decisions in situations involving a cease-and-desist letter or a request for a consent agreement. Find out the most important factors to consider in responding to the other side.

How long is an IP strategy session?

A strategy session lasts up to one hour. We can hold virtual meetings with clients located anywhere in the world.

How much does an IP strategy session cost?

We charge a flat rate of $500 for each strategy session. Since we do not track any unused time, we recommend that clients prepare all their questions ahead of time so that they make full use of the hour.

How do you sign up for an IP strategy session?

To sign up for strategy session, do the following 3 things:

  1. Pay for the strategy session by credit card;
  2. Complete and sign our engagement agreement, and email a signed copy to processing@icaplaw.com (original not required)
  3. Email us at least two available dates and times for the session.

After receiving the above items, we will follow up with you to confirm a date and time for session.

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Vic Lin

Startup Patent Attorney | IP Lead Partner at Innovation Capital Law Group
We align ourselves with Davids fighting Goliaths. Our registered patent attorneys work as a team to equip startups and founders with solid IP rights that facilitate funding, growth and sales. Email or call us so we can get to work on your IP: (949) 223-9623 | vlin@icaplaw.com